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Larry Joe Strickland and Taft Pharmacy, and for cause of action would respectfully show this
I. FACTUAL BACKGROUND
On or about June 23, 2012, David M. Strickland kidnapped Plaintiff Mary Kristene Chapa
and her companion Mollie Olgin at Violet Andrews Park in Portland, Texas. Strickland, who knew
neither young woman, bound the women, blindfolded them with duct tape, and then sexually
assaulted them. After these heinous acts, Strickland shot both Chapa and Olgin in the head with a
.45 caliber pistol and left them for dead. The bullet from Stricklands gun pierced Chapas brain.
Chapa miraculously survived, and was found the next morning by a couple in the park. Olgin was
David Strickland was ultimately charged with capital murder, aggravated sexual assault
and aggravated assault. Throughout the criminal process, Strickland showed absolutely no
remorse for his actions. Indeed, he sneered at Chapa and her family throughout the criminal trial,
and cavalierly maintained he was not guilty despite the overwhelming evidence against him. A
Although she survived, Chapas life is forever altered. She has tunnel vision; she walks
with a limp; and she has undergone extensive physical rehabilitation and medical treatment. She
will need treatment and substantial assistance with daily tasks for the balance of her life.
In the commission of his crimes, David Strickland used a .45 caliber Glock pistol acquired
due to the efforts of his father, Larry Joe Strickland. Larry Joe Strickland was well aware of his
sons violent tendencies, but did nothing to warn others or take action to stop his sons proclivities.
Instead, Larry Joe Strickland and the business he owns, Taft Pharmacy, facilitated, encouraged,
aided and abetted, either intentionally or negligently, David Stricklands reprehensible actions.
Chapa brings this suit to recover damages for her medical costs, physical pain and
suffering, mental anguish, and future medical costs. She seeks punitive damages to punish the
Plaintiff intends to conduct discovery under Level 2 of the Texas Rules of Civil Procedure.
III. PARTIES
Department of Criminal Justice, Michael Unit. Defendants full name is David Malcom
Strickland, and his TDCJ ID number is 02098157. Defendant may be served through the Anderson
County Sheriffs office at Anderson County, Sheriff's Office, Attn: Civil Division, 1200 E. Lacy
Street, Palestine, Texas 75801, who will then serve it upon the Law Library at the Michael Unit,
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Defendant Larry Joe Strickland is an individual who resides in Texas. Defendant may be
served at 213 Meyers Ave., Taft, Texas 78390, or wherever he may be found.
may be served through its registered agent: Larry Joe Strickland, 213 Meyers Ave., Taft, Texas
78390.
Venue and jurisdiction are proper. The relief requested is within the jurisdictional limits
of this Court. This is the county in which all or a substantial part of the events or omissions giving
V. CAUSES OF ACTION
contact with Plaintiffs person. This caused serious bodily injury to Plaintiff.
Defendant David M. Strickland acted intentionally or knowingly, and made contact with
Plaintiffs person. Defendant knew Plaintiff would regard the contact as offensive, yet continued
Plaintiff with imminent bodily injury, and this caused injury to Plaintiff.
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D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (DAVID
STRICKLAND)
intentional or reckless conduct caused Plaintiff severe emotional distress, which she will endure
Defendant David M. Strickland willfully detained Plaintiff, without her consent. The
detention as without any legal authority or justification. Indeed, the detention was so Defendant
could sexually assault Plaintiff, and then afterward attempt to kill her.
Any party who assists the primary actor Strickland also has responsibility, as if the party
actually committed the tort itself. Here, Defendant Larry Strickland provided assistance to David
Strickland, and was a substantial factor in causing the events that unfolded.
had reason to know that David Strickland should not have been entrusted with a firearm.
Defendant knew or should have known David Strickland was incompetent or reckless.
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Defendant David Strickland was an agent and/or servant of Defendants Larry Strickland
and Taft Pharmacy, where he worked. Defendants are responsible for the conduct of David
Strickland due to the relationship that existed, and other acts and omissions of negligence which
Defendants had a duty to exercise ordinary care, yet breached this duty. Such negligence
Plaintiff will further show that the acts and/or omissions of Defendants, as described above,
when viewed objectively from the Defendants standpoint, involve an extreme degree of risk
considering the probability and magnitude of the potential harm to others. Defendants had actual
subjective awareness of the risk involved, but nevertheless proceeded in conscious indifference to
As such, Defendants actions and omissions constitute gross negligence and malice as those
VI. DAMAGES
Plaintiff seeks damages and prays for judgment for the following:
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Loss of consortium and companionship in the past and future;
Costs of suit;
Because of the nature of Defendants actions, Plaintiff seeks exemplary and punitive damages
in such amount as may be found proper and just under the facts and circumstances as determined by
the jury.
As Plaintiffs injuries arose as a result of conduct that violates Sections 22.011 and 22.021
of the Texas Penal Code, governing sexual assault and aggravated sexual assault, there is no cap
Pursuant to TEX. R. CIV. P. 194, Plaintiff requests that each Defendant disclose within fifty
(50) days of service of this Request for Disclosure, the information and/or material described in Rule
194.2.
Plaintiff respectfully demands a jury trial and tenders the appropriate fee.
IX. PRAYER
Plaintiff is entitled to, and prays to recover from Defendants the damages set forth in this
Petition, within the jurisdictional limits of this Court. Plaintiff seeks damages over $500 million.
Plaintiff also seeks post judgment interest at the maximum legal rate, costs of court, and any other
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Respectfully submitted,